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Resolutions of Iftaa' Board

Resolution No.(139): "Ruling on Changing the Use of the Land Endowed as a Graveyard"

Date Added : 02-11-2015

                            

Resolution No.(139)(4/2010): "Ruling on Changing the Use of the Land Endowed as a Graveyard"

Date: 23/4/1431 AH, corresponding to 8/4/2010 AD.    

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its third session held on the above given date, the Board of Iftaa` reviewed the question whereby the Ministry of Awqaf expressed its desire to exchange a piece of land endowed as a graveyard for another piece of land.

After thorough studying and deliberating, the Board decided the following:

In principle, an endowment can neither be sold nor given as a present, nor bequeathed, as indicated by the Hadith of Ibn Umar. When `Umar got a piece of land in Khaibar, he came to the Prophet (PBUH) saying: "I have got a piece of land, better than which I have never got. So what do you advise me regarding it?" The Prophet (PBUH) said: "If you wish you can keep it as an endowment to be used for charitable purposes." So, `Umar gave the land in charity (i.e. as an endowment on the condition that the land would neither be sold nor given as a present, nor bequeathed)" {Bukhari&Muslim}.

Therefore, if the state, the municipality, or a person has endowed a piece of land as a graveyard, then it is obligatory that it be used as such, because the condition set by the owner of the Waqf (endowment) must be abided by.

Accordingly, due to the fact that people have already been buried in this graveyard, the Board believes that exchanging it for another piece of land is impermissible, because if it has been endowed as a graveyard, it must be used as such until the Day of Resurrection. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board, 

Dr. Ahmad Hilayel

    Dr. Yahia al-Botoosh/ Member

      Sheikh Sa`eid Hijjawi/ Member

                    Dr. Mohammad Khair al-Eesa/ Member

Judge Sari Atieh/ Member

            Dr. Abdurahamn Ibbdah/ Member

       Dr. Mohammad Okla/ Member

              Dr. Abdunnasir Abulbasal/ Member

                    Dr. Mohammad Al-Khalayleh/ Member

                    Dr. Mohammad al-Gharaibeh/ Member

                                                         Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board

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Summarized Fatawaa

What is the ruling on sacrificing a castrated animal or one with a missing tail?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to sacrifice a castrated sheep; as it has been established that the Prophet (peace be upon him) sacrificed:
 
"...two large, fat, horned, white-and-black, castrated rams (Mawju'ayn—meaning having crushed testicles)." [Narrated by Ibn Majah in his Sunan].
 
It is not permissible to sacrifice an animal that is missing its tail, or udder due to being cut off. This is in contrast to an animal that was naturally born without a tail, or udder; such an animal is valid for sacrifice. And Allah the Almighty knows best.

What is the ruling on one who feels drops of urine falling during ablution?

If he is certain that urine is exiting from him during ablution, then his ablution is invalidated. He must remove the impurity from his clothes and body and repeat the ablution.
However, if what he feels regarding urine exiting is merely doubt or illusion, then ablution is not invalidated by doubt and illusion. He should not pay attention to it, and it is not permissible for him to follow the doubt and whispers that corrupt his religion. And Allah the almighty knows best.

Is the prayer of a woman who is led by an Imam via T.V. permissible?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.                                                                                                                                                                                                                          Amongst the conditions for the validity of prayer is that both the Imam and those led by him must be in the same place. Thus, the prayer of the person who is being led by a televised Imam is invalid unless he/she was with him in the same mosque. And Allah Knows Best.

What is the Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
Furthermore, it is narrated that Abu Bakr and Umar (may Allah be pleased with them both) would sometimes refrain from offering the sacrifice out of fear that people might mistakenly view it as an obligatory duty [Narrated by al-Bayhaqi and others with a good (Hasan) chain of transmission]. And Allah the Exalted knows best.

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